In general
Promulgation
Not later than 90 days after , the Secretary shall initiate procedures under subchapter III of chapter 5 of title 5 to negotiate and promulgate such regulations as are necessary to carry out this subchapter.
Publication of proposed regulations
Proposed regulations to implement this subchapter shall be published in the Federal Register by the Secretary no later than 1 year after .
Expiration of authority
The authority to promulgate regulations under paragraph (1) shall expire 21 months after .
Committee
In general
section 565 of title 5A negotiated rulemaking committee established pursuant to to carry out this section shall have as its members only Federal and tribal government representatives, a majority of whom shall be nominated by and be representatives of Indian tribes with funding agreements under this chapter.
Requirements
The committee shall confer with, and accommodate participation by, representatives of Indian tribes, inter-tribal consortia, tribal organizations, and individual tribal members.
Adaptation of procedures
The Secretary shall adapt the negotiated rulemaking procedures to the unique context of self-governance and the government-to-government relationship between the United States and Indian tribes.
Effect
The lack of promulgated regulations shall not limit the effect of this subchapter.
Effect of circulars, policies, manuals, guidances, and rules
section 5324(g) of this titleUnless expressly agreed to by the participating Indian tribe in the compact or funding agreement, the participating Indian tribe shall not be subject to any agency circular, policy, manual, guidance, or rule adopted by the Indian Health Service, except for the eligibility provisions of and regulations promulgated under this section.
Pub. L. 93–638, title V, § 517Pub. L. 106–260, § 4114 Stat. 730(, as added , , .)
Editorial Notes
References in Text
Pub. L. 93–63888 Stat. 2203section 5301 of this titleThis chapter, referred to in subsec. (b)(1), was in the original “this Act”, meaning , , , known as the Indian Self-Determination and Education Assistance Act, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under and Tables.
Codification
section 458aaa–16 of this titleSection was formerly classified to prior to editorial reclassification and renumbering as this section.